Lawyers in Inverness and Highlands providing advice on all aspects of Power of Attorney and Guardianships.
Our local team of lawyers based in our Inverness office is experienced in dealing with all issues relating to power of attorney and guardianships. We're able to service you throughout the Highlands, including Thurso, Caithness, Moray, Nairn, Ross-shire, Skye, Stornoway, Sutherland and Orkney.
Why should you have a Power or Attorney? Many people assume that family members or their next-of-kin will be able to step in and help if they can no longer make decisions on their own. However, simply being a relation is not sufficient to allow someone to manage a loved one’s financial affairs. A power of attorney allows you to appoint someone you trust to act on your behalf if you become unable to manage your affairs. If someone has already lost capacity without a Power of Attorney being in place, a Guardianship order is necessary. In these circumstances, a court will decide on the most appropriate person to be appointed as Guardian to act in the best interests of the adult with incapacity.
We can help you decide which document is your best suited to your circumstances and, where it is necessary, to prepare for the court action. Please contact us on 01463 795019 to learn more or to book an appointment to meet with us in our Inverness or Thurso offices.
We offer you a variety of ways to get in contact with us to suit you. If you would prefer to talk to someone straight away you can call our offices on:
Otherwise use our form below to find out more information, make an appointment or request a call back. We will then find the right person to deal with your enquiry and get back to you as soon as possible.
Frequently asked questions about Power of Attorney
If you were to become incapacitated for any reason, such as through an accident or illness, or you are out of the country for an extended period of time, it would allow someone you have authorised to act on your behalf in financial or welfare matters, or both.
Accident and illness does not discriminate and can happen to anyone, at any time and at any age. If you are ill or in an accident, no one will automatically have the power to speak up or act for you if you do not have a Power of Attorney. This applies even to your spouse and family members and can cause stress and problems when dealing with doctors, banks and other financial institutions.
If you do not have a Power of Attorney and lose capacity, it could result in a timely and costly court action to appoint a Guardian. The choice of who looks after you and your affairs will be taken out of your hands and determined by the Court. In some circumstances, a Guardianship Order can cost up to 10 times the cost of a Power of Attorney.
You can appoint any number of people to be your Attorney. You can appoint a spouse, a family member, a friend, your solicitor, or anyone else you trust. It can be a combination of people. It is a good idea to have more than one Attorney, or at least have a substitute in case your first named Attorney cannot act for any reason. The important issue is that YOU choose them, unlike a Guardianship Order where the Court chooses who should look after your affairs. They may choose someone you would not want to act for you.
No. The Welfare Power of Attorney only comes into effect in the event that you lose the mental capacity to make decisions for yourself, and the Continuing (financial) Power of Attorney can only be used either on your authority or if you have lost capacity and cannot act on your own behalf.
A Power of Attorney can be changed or revoked at any time as long as you still have capacity.
A Power of Attorney can be drafted and be ready for use in a matter of days, as opposed to a Guardianship Order which can take up to a year to go through the court process. A Power of Attorney is also a fraction of the cost of appointing a Guardian.
The Brief Magazine: Inverness, Highlands
The Brief magazine is your guide to personal legal services at Harper Macleod. The magazine aims to keep you in touch with current legal issues that are important to you - the law seldom stays the same for long and we believe that it's important for everyone to be kept advised on the changes that can affect both you and your families.
You can view and download the current edition by clicking here.
We hope you find the magazine useful and informative, and please don't hesitate to get in touch with a member of our team should you have any issues you'd like to discuss further with us.
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Visit the HM Insights page to keep up to date with changes to legislation, case law, and our views on other interesting developments in Scotland and the UK.
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